SATYA DEVI Vs. JARMAN SINGH

JUDGEMENT

(1.) The present application has been filed for seeking leave to appeal against the judgment dtd. 17/12/2022 passed by learned Additional Sessions Judge, Nalagarh, District Solan, H.P. (learned Appellate Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (NI Act). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present application are that the complainant presented a complaint against the accused before the learned Trial Court for the commission of an offence punishable under Sec. 138 of the NI Act. It was asserted that the complainant and the accused were friends. The accused was facing financial difficulties, and he demanded ? 4,42,000/- from the complainant. The complainant advanced the amount as a loan. The accused issued a cheque for ?4,42,000/- drawn on Punjab National Bank to repay the amount taken by him. The complainant presented the cheque to the bank, but it was dishonoured with the remarks "funds insufficient ". The complainant served a notice upon the accused asking him to repay the money within fifteen days of the receipt of the notice. The notice was duly served upon the accused, but he failed to repay the amount; hence, a complaint was filed before the learned Trial Court for taking action as per the law.

(3.) The learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, a notice of accusation was put to him for the commission of an offence punishable under Sec. 138 of the NI Act, to which he pleaded not guilty and claimed to be tried.